Help me please...in these times of "peaceful protestors" beating up people I need to know something

Discussion in 'GA Laws and Politics' started by 736Lawton, Sep 25, 2020.

  1. 736Lawton

    736Lawton Member

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    In Georgia, if someone reaches inside your car to assault you, are you within the law to shoot them right in the face, then drive off, and report it to the police.?
    I am old and afraid of these BLM people out there who will stop at nothing.
    Thank you.
     
  2. Phil1979

    Phil1979 Member Georgia Carry

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    Is it a forceable felony if they reach in to harm you? I believe it is.
     
    736Lawton likes this.

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Look up the Georgia Supreme Court case of
    State vs. Benham, 277 Ga. 516, (2004).
    An enraged woman reaches into another woman's car and assaults that driver with her bare hands. The driver responds with a deadly weapon and badly injured her attacker.
    The Supreme Court ruled that "defense of habitation" applied
    (a car is a "habitation" like a home is)
    and that law should have been argued by the defense attorney;
    it was malpractice for him to invoke the standard ordinary self defense law.
     
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  4. dhaller

    dhaller Active Member

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    I think the issue here - if I read the OP correctly - mostly concerns *leaving the scene*.

    People foil carjackers all the time by gunning them down, which is fine for various reasons (forcible felony, habitation extended to car, etc), but "leaving the scene" can sometimes throw a wrench into things.

    Obviously, in the situation proposed - an attacker reaches into the car - one may need to flee the scene because there are other potential assailants there (a rioting mob, say). Indeed, it's the only smart choice.

    That said, at times leaving the scene of an altercation can be used by prosecutors looking to add some spice to a case (it's an "inchoate offense", used to enhance a primary crime). If the case is clearly self-defense, of course, there's no crime, so leaving is okay, but if somehow the shooter is charged, then leaving the scene can be used by the prosecutor (to demonstrate intent or conspiracy, say, depending on how things went down).

    Leaving the scene has been used to demonstrate "presence of mind" for example, to foil insanity pleas. I could certainly imagine a frisky prosecutor trying to frame a self-defense shooting as "he drove up, opened fire, and sped off". More likely to make the national news (and his or her career) that way.

    BUT, these are crazy times, and increasingly "better judged by twelve than carried by six" gets invoked. If it happens, skedaddle!

    (And do what I do - be aware of where protests are occurring, and steer clear of those areas. Also, windows up and doors locked if you're in a rougher, pedestrian area of town, or, say, at the intersection of Moreland and Euclid... definitely a "windows up" intersection. Annoying with the nice weather, I know. Pity me! I have a peppy two-seater convertible I should be fully enjoying right now. I'm not.)

    DH
     
  5. atlsrt44

    atlsrt44 Well-Known Member

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    So you have a miata?
     
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  6. OWM

    OWM Well-Known Member

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    Then get you some "peppy" weapons not intended for recreational use and hit the road in that little convertible.
     
  7. moe mensale

    moe mensale Well-Known Member

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    :rotfl: Having experienced the joys of an older model (not mine), that was funny. :lol:
     
  8. dhaller

    dhaller Active Member

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    Since we're derailing the thread anyway...

    I've never had a Miata, but it's probably the closest you can come to a traditional British roadster while also having a reliable car. Pure fun you can actually have when you want it.

    (I had an Austen Healey 3000 I bought when I was in college for $500. It was a piece of junk. I restored it - well, it was in a state of perpetual restoration, let's say - but keeping it running was a daily endeavor. I restored a 1970 'Cuda ("The Beast") around the same time: never was there a greater contrast than between those two fellows in the driveway.)

    My current drop-top is a 710hp V-8 monster (570 lb-ft of torque), 0-60 in 2.8 seconds (maybe faster with a better driver). I guess I could "leave the scene" in it pretty effectively. My wife hates it (naturally) while my daughter LOVES it (because I raise her right).

    DH
     
  9. carnut

    carnut Member

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    DH.. If that's a 720S you can just scoop under the crowd like a spatula..
     
  10. Savannah Dan

    Savannah Dan Cross-drawer

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    If I was a peaceful protester turned rioter that was trying to break the windows of a vehicle driven by someone who looks like Savannah Dan, and the driver puts in a pair of ear plugs, I would run like the wind away from the scene.
     
    OWM likes this.
  11. OWM

    OWM Well-Known Member

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    Sitting on top of console in My truck always.
    champion-traps-and-targets-40978-hearing-protection_3.jpg
     
  12. Savannah Dan

    Savannah Dan Cross-drawer

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    OWN, I keep a pair of those on my nightstand.
     
  13. OWM

    OWM Well-Known Member

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  14. Nemo

    Nemo Man of Myth and Legend

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    Hanging from my truck mirror.

    Nemo
     
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  15. Deepocean

    Deepocean Member

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    F8 Spider???